Keg-death paternity case could hinge on state blood sample

PORTSMOUTH — A paternity dispute, over whether a man killed by an exploding beer keg fathered a child born seven months after his death, could be resolved if a state medical examiner retained a blood sample from the deceased, said attorney William Scott, who represents the child’s mother.

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By Elizabeth Dinan

seacoastonline.com

By Elizabeth Dinan

Posted Feb. 11, 2013 at 3:53 PM
Updated Feb 11, 2013 at 3:54 PM

By Elizabeth Dinan

Posted Feb. 11, 2013 at 3:53 PM
Updated Feb 11, 2013 at 3:54 PM

» Social News

PORTSMOUTH — A paternity dispute, over whether a man killed by an exploding beer keg fathered a child born seven months after his death, could be resolved if a state medical examiner retained a blood sample from the deceased, said attorney William Scott, who represents the child’s mother.

Scott also said, during a Feb. 6 hearing in the Portsmouth Circuit Court, that it’s “unclear” whether such a blood sample exists, but he would investigate.

The deceased, Benjamin Harris, 26, was killed April 24, 2012, while working at the Redhook Ale Brewery. According to investigators, Harris was cleaning a plastic keg with pressurized air when it blew apart at the seams and exploding shrapnel caused his fatal injuries.

Scott is representing a North Carolina woman, identified in court records as Alysha Harris, who claims she had a relationship with Benjamin Harris for a year before his death, lived with him for two months, and became pregnant with his child. In a petition filed with the local court, she claims she and Harris obtained a marriage license on March 29, 2012, and “believed by obtaining that marriage license it meant that they were lawfully married.”

Harris’ sister, Christina Kettering, filed an objection with the court stating her brother was not living with the woman at the time of his death and did not believe a marriage license meant he was married, rather that it was sufficient to add her to his medical insurance. Kettering alleges, through attorney Justin Nadeau, that her brother “made it clear” he wasn’t married and that he never acknowledged paternity.

Kettering is administrator of her brother’s estate and through Nadeau, told the court Miller should provide proof of paternity before the court issues a ruling.

Scott said he believes he could provide proof of paternity by May and would notify the court if it happens sooner.

Marital Master Jennifer Lemire presided over the Feb. 6 paternity hearing and scheduled a follow-up hearing for May, to be preceded by a status conference next month.

Meanwhile, police records filed with the criminal side of the Portsmouth court, show patrol officers were called to the couple’s Newington residence 16 days before Harris died, when the woman was identified as “Alysha Miller” and was arrested for assaulting Harris. The following day, Harris was arrested for simple assault against Miller and both were barred by the court from having contact with each other at the time of his death.

Nadeau said there is no pending civil action against Redhook Ale Brewery, “or any company at this time.”